ptsd Bad advice on claim?

[Chief276]

I am very new to this and need some good answers since my rep is difficult to contact, and I don't have a warm and fuzzy about what she has already said. I am 80% SC for PTSD (70%), back (20%), and sciatic nerve (10%). I am preparing another claim for stage 3 kidney disease, bilateral tinnitus, sleep apnea, and lung scarring. I agree with all except the lung scarring. I quit smoking 20 years ago (53 now) so that may be the reason for the scarring. I have had pneumonia twice in the last 12 months which also can cause scarring. I was a mechanic for 30 years and exposed to asbestos, fuels, solvents, etc. but I can't prove SC to any of them. The lung claim is her idea and I believe I should remove it  from my claim. Any input on that is appreciated.

Also, there is the issue of TDIU. I recently resigned from my job because of PTSD. Should I add TDIU to my claim, leave it off, or only claim TDIU and leave the others out?

[Sgt. Wilky]

If you were exposed asbestos, fuels, solvents, etc., I would leave my claim in. I would get a couple or three buddy statements from those you served with and see if any of your doctors would be willing to write a letter for you to the VA that states that your lung scarring is more likely than not a result of your military service as a mechanic (although, you didn't state that specifically, I'm assuming that's what you did in the Army). Just because you smoked and quit (which may be a plus in your case) doesn't mean the VA gets to ignore the exposure to all the other things you had. If you were a mechanic, and you can get some buddy statements, that should be a big help. You need to be prepared to fight for this!

Spend some time on this site and research a lot. I wouldn't throw in the towel. I know nothing of TDIU but there are many here who do. Also, research a lot on the terms that the VA needs to have in order to give your supporting statements (both buddy and doctor) the credibility and accuracy they need.

Semper Fi,

Sgt. Wilky

[Navy04]

Just my opinion, submit all as an FDC and add IU to the claim, as PTSD 70% alone can grant you the IU.  Get the Buddy Letters as they always help, and just make sure that you have either been Diagnosed/Treated while Active, or since left thru the VA Docs.  Also have you submitted for SSDI in your state? Good luck and keep us posted. God Bless

[jbasser]

As an asbestos Guru, I will tell you this. You need to go get a HRCT or high resolution cat scan looking at the scarring. Asbestosis can be seen on a good image.  If the Xray doesn't show it then ask for the claim to be dropped. If they find something and are not sure what it is then you will need a lung biopsy. They will tell you what it is, even the type of asbestos. Asbestos will never deteriorate inside the body. 

 

We need to do another show on asbestos.

[Buck52]

Chief276,

you can also  write this is support of your claim the reason you was around these chemicals/solvents exposure,  with evidence of your in service records, your deployment orders, morning reports , if you can prove where you were while in military and was exposed to these chemicals   you can go with presumptive 

 

I would request TDIU & A&A  HouseBound   for SMC's

 

.............Buck

[Chief276]

Thanks for all the input so far, good stuff. Buck52 mentioned Housebound. Can I get it without the 100%/60% criteria met? If so, what exactly are my limitations?

[Buck52]

http://www.myveteran.org/2011/05/presumptive-service-connection.html 

 

If you reach 100% you can ask for HB if your SC keeps you from getting out & if you win all or up to your awards and they all add up to 160% then yes you can get HB.